India's criminal justice system has historically operated on a retributive model that fundamentally marginalizes crime victims, relegating them to passive witnesses rather than recognizing them as active stakeholders with autonomous rights in proceedings that profoundly affect their lives. This systemic marginalization persists despite constitutional guarantees under Articles 14, 19, and 21, creating significant justice gaps that undermine both victim dignity and system legitimacy. This article comprehensively examines the evolution of victim rights in India from colonial-era neglect through contemporary judicial activism and recent legislative reforms, particularly the transformative Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which represents the most significant codification of victim rights in Indian legal history.The analysis identifies critical deficiencies plaguing current victim protection mechanisms, including grossly inadequate compensation schemes where less than 30% of eligible victims receive awards, secondary traumatization through adversarial trial processes averaging over three years duration, exclusion from plea bargaining negotiations, and severely underdeveloped support services particularly in rural areas. Against this backdrop, the article explores restorative justice as a paradigmatic alternative emphasizing healing, accountability, and community reconciliation rather than solely punishment. Drawing on international evidence demonstrating 80%+ victim satisfaction rates and modest recidivism reductions, alongside India's indigenous traditions of community-based dispute resolution and Gandhian philosophy, this paper argues for contextualized integration of restorative mechanisms including victim-offender mediation, family group conferencing, and sentencing circles within India's reformed legal framework.The study incorporates comparative jurisprudence, empirical research, recent Supreme Court observations, and the 2025 Law Commission Report on restorative justice mechanisms. It offers comprehensive policy recommendations addressing legislative amendments, institutional infrastructure development, victim support system enhancement, capacity building, and safeguards against power imbalances and cultural co-optation. Ultimately, this article contends that thoughtfully integrating restorative justice principles can bridge existing gaps while honoring both traditional values and contemporary human rights standards, thereby creating a more victim-centric, effective, and legitimate criminal justice system.
Keywords: victim rights, restorative justice, criminal justice reform, India, Bharatiya Nagarik Suraksha Sanhita, victim compensation, BNSS 2023, alternative dispute resolution
